THE NATIONAL ENVIRONMENT APPELLATE AUTHORITYACT, 1997
ACT NO. 22 OF 1997
[26th March, 1997.]
Appellate Authority to hear appeals with respect to restriction of
areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall
be carried out subject to certain safeguards under the Environment
(Protection) Act, 1986 and for matters connected thereto.
BE it enacted by Parliament in the Forty-eighth Year of the Republic
of India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
National Environment Appellate Authority Act, 1997.
(2) It shall be deemed to have come into force on the 30th day of
January, 1997.
2.
Definitions.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b) "Authority" means the National Environment Appellate Authority
established under sub-section (1) of section 3;
(c) "Chairperson" means the Chairperson of the Authority;
(d) "Member" means a Member of the Authority;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Vice-Chairperson" means the Vice-Chairperson of the Authority.
CHAP
ESTABLISHMENT OF AUTHORITY
CHAPTER II
ESTABLISHMENT OF AUTHORITY
3.
Establishment of Authority.
3. Establishment of Authority.-(1) The Central Government shall, by
notification in the Official Gazette, establish a body to be known as
the National Environment Appellate Authority to exercise the powers
conferred upon, and to perform the functions assigned to, it under
this Act.
(2) The head office of the Authority shall be at Delhi.
4.
Composition of Authority.
4. Composition of Authority.-The Authority shall consist of a
Chairperson, a Vice-Chairperson and such other Members not exceeding
three, as the Central Government may deem fit.
5.
Qualifications for appointments as Chairperson, Vice-Chairperson orMember.
5. Qualifications for appointments as Chairperson, Vice-Chairperson
or Member.-(1) A person shall not be qualified for appointment as a
Chairperson unless he has been-
(a) a Judge of the Supreme Court; or
(b) the chief Justice of a High Court.
(2) A person shall not be qualified for appointment as a Vice-
Chairperson unless he has-
(a) for at least two years hel d the post of a Secretary to the
Government of India or any other post under the Central or State
Government carrying a scale of pay which is not less than that of a
Secretary to the Government of India; and
(b) expertise or experience in administrative, legal, managerial or
technical aspects of problems relating to environment.
(3) A person shall not be qualified for appointment as a Member unless
he has professional knowledge or practical experience in the areas
pertaining to conservation, environmental management, law or planning
and development.
(4) The Chairperson, the Vice-Chairperson and the Members shall
be appointed by the President.
6.
Vice-Chairperson to act as Chairperson or to discharge his functionsin
certain circumstances.
6. Vice-Chairperson to act as Chairperson or to discharge his
functions in certain circumstances.-(1) In the event of the occurrence
of any vacancy in the office of the Chairperson by reason of his
death, resignation or otherw ise, the Vice-Chairperson shall act as
the chairperson until the date on which a new Chairperson appointed in
accordance with the provisions of this Act to fill such vacancy enters
upon his office.
(2) When the Chairperson is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-Chairperson or, as the
case may, be such one of the Members as the Central government may, by
notification, authorise in this behalf, shall discharge the functions
of the Chairperson until the date on which the chairperson resumes his
duties.
7.
Term of office.
7. Term of office.-The Chairperson, the Vice-Chairperson or a Member
shall hold office as such for a term of three years from the date on
which he enters upon his office, but shall be eligible for re-appoint
for another term of three years:
Provided that no Chairperson, Vice-Chairperson or Member shall hold
office as such after he has attained,-
(a) in the case of the Chairperson, the age of seventy years; and
(b) in the case of the Vice-Chairperson or a Member, the age of
sixty-five years.
8.
Resignation and removal.
8. Resignation and removal.-(1) The Chairperson, the Vice-Chairperson
or a Member may, by notice in writing under his hand addressed to the
President, resign his office:
Provided that the Chairperson, the Vice-Chairperson or shall, unless
he is permitted by the President to relinquish his office sooner,
continue to hold office until the expiry of three months from the date
of receipt of such notice or until a person duly appointed as his
successor enters upon his office or until the expiry of his term
of office whichever is the earliest.
(2) The Chairperson, the Vice-Chairperson or a Member shall not be
removed from his office except by an order made by the President on
the ground of proved misbehaviour or incapacity after an inquiry made
by a Judge of the Supreme Court in which such Chairperson, the Vice-
Chairperson or a Member had been informed of the charges against him
and given a reasonable opportunity of being heard in respect of those
charges.
(3) The President may suspend from office the Chairperson, the
Vice-Chairperson or a Member in respect of whom a reference has been
made to the Supreme Court under sub-section (2) until the President
has passed orders on receipt of the report of the Supreme Court on
such reference.
(4) The Central Government may, by rules, regulate the procedure for
the investigation of misbehaviour or incapacity of the Chairperson,
the Vice-Chairperson or a Member referred to in sub- section (2).
9.
Salaries and allowances and other terms and conditions of service
ofChairperson, Vice-Chair-Person and Members.
9. Salaries and allowances and other terms and conditions of service
of Chairperson, Vice-Chairperson and Members.-The salaries and
allowances payable to, and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of, the
Chairperson, the Vice-Chairperson and the Members shall be such as may
be prescribed by the Central Government.
10.
Vacancy in Authority not to invalidate acts or proceedings.
10. Vacancy in Authority not to invalidate acts or proceedings.-No
act or proceeding of the Authority shall be questioned or be invalid
merely on the ground of existence of any vacancy or defect in the
establishment of the Authority.
CHAP
JURISDICTION AND POWERS OF AUTHORITY
CHAPTER III
JURISDICTION AND POWERS OF AUTHORITY
11.
Appeals to Authority.
11. Appeals to Authority.-(1) Any person aggrieved by an order
granting environmental clearance in the areas in which any industries,
operations or processes or class of industries, operations and
processes shall not be carried out or shall be carried out subject to
certain safeguards may, within thirty days from the date of such
order, prefer an appeal to the Authority in such form as may be
prescribed:
Provided that the Authority may entertain any appeal after the expiry
of the said period of thirty days but not after ninety days from the
date aforesaid if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) For the purposes of sub-section (1), "person" means-
(a) any person who is likely to be affected by the grant of
environmental clearance;
(b) any person who owns or has control over the project with respect
to which an application has been submitted for environmental
clearance;
(c) any association of persons (whether incorporated or not) likely to
be affected by such order and functioning in the field of environment;
(d) the Central Government, where the environmental clearance is
granted by the State Government and the State Government, where the
environmental clearance is granted by the Central Government; or
(e) any local authority, any part of whose local limits is within the
neighbourhood of the area wherein the project is proposed to be
located.
(3) On receipt of an appeal preferred sub-section (1), the Authority
shall, after giving the appellant an opportunity of being heard, pass
such orders, as it thinks fit.
(4) The Authority shall dispose of the appeal within ninety days from
the date of filing the appeal:
Provided that the Authority may for reasons to be recorded in writing,
dispose of appeal within a further period of thirty days.
12.
Procedure and powers of Authority.
12. Procedure and powers of Authority.-(1) The Authority shall not be
bound by the procedure laid down in the Code of Civil Procedure, 1908
(5 of 1908), but shall be guided by the principles of natural justice
and subject to the other provisions of this Act, and of any rules made
by the Central Government, the Authority shall have power to regulate
its own procedure including the fixing of places and time of its
inquiry and deciding whether to sit in public or in private.
(2) The Authority shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), while
trying a suit, in respect of the following matters namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872) requisitioning any public record or
document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it, ex parte;
(h) setting aside any order of dismissal of anyrepresentation for
default or any order passed by it ex parte; and
(i) any other matter which is required to be, or may be, prescribed by
the Central Government.
13.
Financial and administrative powers of Chairperson.
13. Financial and administrative powers of Chairperson.-The
Chairperson shall exercise such financial and administrative powers as
may be vested in him under the rules:
Provided that the Chairperson shall have authority to such of his
financial and administrative powers as he may think fit to the
Vice-Chairperson or any other officer subject to the condition that
the Vice-Chairperson or such other officer shall, while exercising
such delegated powers, continue to act under the direction, control
and supervision of the Chairperson.
14.
Staff of Authority.
14. Staff of Authority.-(1) The Central Government shall determine
the nature and categories of the officers and other employees required
to assist the Authority in the discharge of its functions and provided
the Authority with such officers and other employees as it may think
fit.
(2) The officers and other employees of the Authority shall discharge
their functions under the general superintendence of the Chairperson.
(3) The salaries and allowances and conditions of service of the
officers and other employees shall be such as may be prescribed.
CHAP
MISCELLANEOUS
CHAPTER IV
MISCELLANEOUS
15.
Bar of jurisdiction.
15. Bar of jurisdiction.-With effect from the date of establishment
of the Authority, no civil court or other authority shall have
jurisdiction to entertain any appeal in respect of any matter with
which the Authority is so empowered by or under this Act.
16.
Proceedings before the Authority to be judicial proceedings.
16. Proceedings before the Authority to be judicial proceedings. All
proceedings before the Authority shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the
Indian Penal Code (45 of 1860).
17.
Members and staff of Authority to be public servants.
17. Members and staff of Authority to be public servants.-The
Chairperson, the Vice-Chairperson and the Members and the officers and
other employees of the Authority shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code (45 of
1860).
18.
Protection of action taken in good faith.
18. Protection of action taken in good faith.-No suit, prosecution or
other legal proceeding shall lie against the Central Government or
against the Chairperson, the Vice-Chairperson or a Member of the
Authority or any other person authorised by the Chairperson, the
Vice-Chairperson or a Member for anything which is in good faith done
or intended to be done in pursuance of this Act or any rule or order
made thereunder.
19.
Penalty for failure to comply with orders of Authority.
19. Penalty for failure to comply with orders of Authority.-Whoever
fails to comply with any order made by the Authority, he shall be
punishable with imprisonment for a term which may extend to seven
years, or with fine which may extend to one lakh rupees, or with both.
20.
Offences by companies.
20. Offences by companies.-(1) Where any offence under this Act has
been committed by company, every person who, at the time of the
offence was committed, was directly in charge of, and was responsible
to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act, if he
proves that the offence was committed without his knowledge or that he
has exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-For the purposes of this section,-
(a)"company" means any body corporate and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
21.
Power to remove difficulties.
21. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of the
period of three years from the date on which this Act receives the
assent of the President.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before each House of Parliament.
22.
Power to make rules.
22. Power to make rules.-(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the procedure under sub-section (4) of section 8 for the
investigation of misbehaviour or incapacity of the Chairperson, the
Vice-Chairperson or a Member;
(b) the salaries and allowances payable to and the other terms and
conditions of service of the Chairperson, the Vice-Chairperson and the
Members under section 9;
(c) the form which an appeal shall contain under sub-section (1) of
section 11;
(d) financial and administrative powers of the Chairperson under
section 13;
(e) the salaries and allowances and conditions of service of the
officers and other employees of the Authority;
(f) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be with prejudice to the validity
of anything previously done under that rule.
23.
Repeal and saving.
23. Repeal and saving.-(1) The National Environment Appellate
Authority Ordinance, 1997 (Ord. 12 of 1977) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance, shall be deemed to have been done or taken
under the corresponding provisions of this Act.
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